DISCOVER TELLURIDE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY | VOID IN QUEBEC AND WHERE PROHIBITED
1. CONTEST PERIOD: The #DiscoverTelluride Contest (the “Contest”) begins at 9:00 a.m. Mountain Time (“MT”) on September 23, 2016 and ends at 11:59 p.m. MT on October 3, 2016 (“Contest Period”).
2. ELIGIBILITY: No purchase necessary. This Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, Mexico, and Canada (excluding Quebec) who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence (whichever is older), as of the date of entry and who, as of September 21, 2016, have a web-enabled mobile device (“Device”). Employees of Telluride Ski Resort (“Sponsor”), and any of their affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses), any of their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible. Void in Quebec and where prohibited or restricted by law. Subject to all applicable laws, ordinances and regulations.
3. HOW TO ENTER: To enter during the Contest Period, follow @tellurideski on Instagram and upload up to three (3) photos that display fall colors in or around Telluride, Colorado using #DiscoverTelluride and tagging @tellurideski on the photo or within the photo captions to receive one (1) entry into the Contest. You must have a public Instagram account to enter. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app at the Apple® App Store, Windows Marketplace, or the Google® Play store.
No information regarding entries, other than as otherwise set forth in these Official Rules, will be disclosed. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Data/usage charges may apply.
Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
- Entries must comply with the character limitations for Instagram and must be in English.
- Entry may feature additional people in photo. If so, please make them aware that you are submitting their image in this Contest and that they agree to the submission of their image. If an additional person is a minor is his/her jurisdiction of primary residence, entrant must be parent or legal guardian of minor depicted. If photo features additional people, they (or entrant as parent or legal guardian) may be required to sign a Release Form, in Sponsor’s sole discretion.
- Entry must be original. Entries must not be copied or otherwise plagiarized from any source.
- The entry must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family or social media sites) through any means.
- The entry must not contain content that is known by you to be false, inaccurate or misleading.
- Any entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. Entries must not contain material that is inappropriate, indecent (including, but not limited to, nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous, libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group), violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), or illegal (e.g., underage drinking, substance abuse, computer hacking, etc.).
- The entry must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The entry must not contain or depict material that is threatening to any person, place, business, group, or world peace or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group.
- The entry must not contain any content that infringes or may infringe third party rights, including, without limitation, any copyright, name, trademark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. Without limiting the generality of the foregoing, publicly displayed and publicly accessible Sponsor content, materials, or products are permitted to be displayed in entries submitted for this Contest.
- Any clothing shown in the photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party content or materials (but showing publicly displayed or publicly accessible Sponsor content, material, and products as described above is permitted).
- The entry must not include any representation of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entries must not contain advertisements, personal solicitations or commercial solicitations.
- The entry must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
- Entrants and all submitted entries must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or entry will be disqualified from the Contest. The entry must not disparage persons or organizations associated with Sponsor.
- Entries must not reference any of Sponsor’s competitors.
Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. By entering, you understand that your entry will be screened by the Sponsor and may be posted online, to Sponsor’s social media channels, in print or in other media in Sponsor’s sole discretion, to be viewed by members of the general public. By entering, each entrant warrants and represents that his/her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, provincial, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest. No information regarding entries, other than as otherwise set forth in these Official Rules will be disclosed.
4. WINNER DETERMINATION: All eligible entries will be judged by a panel of Sponsor representatives on or about October 3, 2016, based on the following criteria: Creativity – 40%; Quality of Photo – 30%; and Relevance to theme – 30%. The eligible entry with the highest score will be deemed the potential Grand Prize winner, subject to verification. The eligible entries with the next three (3) highest scores will be deemed the potential First Prize winner, and Second Prize winners respectively, subject to verification. In the event of a tie, tied entries for any prize level will be re-judged based 100-percent (100%) on Creativity. Decisions of the Sponsor and judges are final with respect to all matters relating to the Contest. By participating, entrants agree to the decisions of the Judges, which shall be final and binding in all respects. Under no circumstance will information regarding judging be shared with entrants.
5. WINNER NOTIFICATION:Potential winners will be notified by direct message on Instagram and confirmed by email. Potential winners must respond to direct message within forty-eight (48) hours of notification attempt or prize will be forfeited and an alternate winner will be determined and notified as indicated above, time permitting. Potential Grand Prize winner (and possibly all winners) will be sent via email, an affidavit of eligibility or Declaration of Eligibility, Liability & Publicity Release (where legal) and Assignment of Rights (Affidavit” or “Declaration”) and will be required to complete, sign and return the Affidavit or Declaration via email/fax within three (3) days of being notified in order to claim his/her prize. All winners will also be required to send the RAW images (7500px optimized ideally) of their submitted photos to email@example.com prior to winner confirmation. If a potential winner fails to return the required document (or fails to send the RAW images) within the required time period, or the prize notification is returned undeliverable, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner determined as outlined in section 4 from among all remaining eligible entries received throughout the Contest Period, time permitting. All prizes will be awarded provided a sufficient number of eligible entries are received throughout the Contest Period. Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE CONTEST. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. All federal, state, provincial and local laws and regulations apply. All federal, state, provincial, municipal and local taxes are the sole responsibility of winner.
6. PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): Grand Prize (1): A Telluride Swag Bag valued at USD$300. First Prize (1): USD$50 Telluride Ski Resort Giftcard. Second Prize (1): USD$25 Telluride Ski Resort Giftcard. The ARV of all prizes is USD$375. Limit one (1) prize per person. An expiration date may apply to Giftcards. Giftcards redeemable at Telluride Ski Resort retail locations, lift ticket offices, ski school, on mountain dining and more. See Giftcard for specifics. Transportation to/from Telluride/winner’s home not included with any prize.
7. GENERAL RULES: By participating in the Contest, entrants agree to be bound by these Official Rules and the decisions of the judges/Sponsor. The Sponsor, and their parent companies, subsidiaries and affiliates, advertising and promotion agencies, and each of their respective agents, officers, directors, employees, and assigns (together with Instagram, “Released Parties”) are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the entries in the Contest or for any liability for damage to any computer system or Device resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the winners from among all eligible entries received prior to cancellation, based on the same criteria listed in Rule #4 above.
8. RELEASE:You represent and warrant that: (i) all rights to the entry belong to and are original to you, or you have written consent to use, and the entry does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) you hereby hold the Sponsor and Released Parties harmless from and against any third party claim arising from use of the entry and you waive any right to inspect or approve uses of the entry or to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor and their agencies to use entrants’ and winners’ names, biographical information, pictures/portraits, likenesses, voices and/or entry, for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, the entrant agrees that Sponsor and Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from entry creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Contest or participation in any Contest related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
9. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Colorado or the appropriate State Court located in Colorado in the U.S.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado in the U.S.
11. WINNERS LIST: For the first names and last initials of the winners, available after October 3, 2016, for a period of at least 30 days, email firstname.lastname@example.org.
12. SPONSOR: The Sponsor of this Contest is Telluride Ski Resort, 565 Mountain Village Blvd, Telluride, CO 81435, USA.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Telluride Ski Resort and not to Instagram. The information you provide will only be used in connection with this Contest or in connection with promotional or other activities of Telluride Ski Resort.